SMT. SURESTHA & ANR. vs STATE

Judgment text excerpt

$~ * IN THE HIGH COURT OF DELHI AT NEW DELHI % Judgment delivered on: 03.07.2025 + CRL.M.C. 434/2025 & CRL.M.A. 2116/2025 SMT. SURESTHA & ANR. .....Petitioners Through: Mr. Kamal Kant Jha, Mr. Avinash Singh, Mr. Manas Tiwari, Ms. Juhi Mishra, Advocates versus STATE .....Respondent Through: Mr. Rajkumar, APP for the State with SI Nisha Sharma. CORAM: HON’BLE DR. JUSTICE SWARANA KANTA SHARMA JUDGMENT DR. SWARANA KANTA SHARMA, J 1. The present petition has been filed by the petitioners under Section 528 of the Bhartiya Nagarik Suraksha Sanhita, 2023 seeking quashing of FIR No. 359/2023, registered at Police Station Govindpuri, Delhi for commission of offences punishable under Sections 323/341 of the Indian Penal Code, 1860 [hereafter ‘IPC’] and Section 75 of the Juvenile Justice (Care and Protection of Children) Act, 2015 [hereafter ‘JJ Act’] – on the basis of a settlement arrived at between the parties. CRL.M.C. 434/2025 Page 1 of 6 Signature Not Verified Digitally Signed By:ZEENAT PRAVEEN Signing Date:05.07.2025 17:12:21 2. Brief facts of the case are that on 15.06.2023, upon receiving information vide DD No. 56A, the police officials reached the place of the incident, i.e., Gali No. 27, Tughlakabad Extension, Delhi. However, they did not find the complainant at the location. On the night of 17.06.2023, the complainant took the child victim to AIIMS Hospital, Delhi, for medical examination, where the concerned doctor, on 18.06.2023 at about 12:05 AM, recorded that there was an alleged incident of physical abuse by a neighbour. As per the complainant (the child’s mother), the child had been beaten and electrocuted; but no external injuries were found on medical examination. Subsequently, the statement of the complainant, i.e., the mother of the child victim, was recorded